Legal Question in Criminal Law in Minnesota

Misdeamenor Guilty Charge.

I pleaded guilty to a $250 or less misdemeanor theft charge. Thinking

I was being honest by accepting

guilt. I was given $150 fine. This

charge has come up in criminal

background checks by possible

employer. Is there a way to make

my charges being dismissed now?

This happened on April 2007.


Asked on 7/09/09, 12:12 pm

1 Answer from Attorneys

John Jesperson Minnesota Lawyers - Jesperson Law Offices

Re: Misdeamenor Guilty Charge.

The only remedy for this is to have the conviction expunged, which is not frequently granted, and usually after a longer period of time has passed since the conviction. Petitions for expungment of a criminal conviction are governed by Minnesota Statutes Section 609A.03. This statute outlines the steps you need to take, and the contents of the petition. Bear in mind that expungement is discretionary with the court; you are not entitled to have a record of a conviction expunged under any circumstances. Although a petition can be done pro se (that is, without the assistance of an attorney), you would be well advised to have an attorney represent you. The process is not so simple as the statute might suggest, and in any case, it is probably too early for you to petition. The mere fact that you have suffered adverse consequences from your plea and subsequent conviction, such as problems with background checks, is not sufficient. This is true of almost everyone who pleads guilty, no matter the reason for their plea. More is required, chiefly more time. Frankly, this is one of the reasons it is a good idea to consult with an attorney before entering into a plea, even for a "simple" or "low level" misdemeanor offense. The real consequence of such convictions is not the fine, but the long term effect of the conviction on employment prospects.

Good luck. Call my office if you require further assistance.

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Answered on 7/09/09, 1:12 pm


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